IB 

Union Calendar No. 405 

112TH CONGRESS 

2D SESSION H. R. 1588 

[Report No. 112–565] 

To amend the Consumer Credit Protection Act to assure meaningful disclosures of the terms of rental-purchase agreements, including disclosures 

of all costs to consumers under such agreements, to provide certain 

substantive rights to consumers under such agreements, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2011 

Mr. CANSECO (for himself, Mr. CLAY, Mr. MANZULLO, Mr. DOLD, Mr. WESTMORELAND, Mr. HENSARLING, Mr. MCINTYRE, Mr. JONES, Mr. ROSS of 

Arkansas, Mr. BACA, Mr. HOLDEN, Mr. SESSIONS, Mr. DAVIS of Illinois, 

Mr. MEEKS, and Mr. TOWNS) introduced the following bill; which was referred to the Committee on Financial Services 

JUNE 29, 2012 

Additional sponsors: Mr. SAM JOHNSON of Texas, Mr. SHIMKUS, Ms. JENKINS, Mr. HALL, Mrs. BLACKBURN, Mr. PLATTS, Mr. AKIN, Mr. HASTINGS of Florida, Mr. LUETKEMEYER, Mr. WHITFIELD, Mr. BONNER, 

Mr. LATOURETTE, Mr. DAVID SCOTT of Georgia, Mr. GRAVES of Missouri, Mr. KING of Iowa, Mr. SCHOCK, Mr. STIVERS, Mr. ROE of Tennessee, Mr. DUNCAN of Tennessee, Mr. PALAZZO, Mr. ROSS of Florida, 

Mr. BURGESS, Mrs. MYRICK, Mrs. EMERSON, Mr. SHUSTER, Mr. WOLF, 

Mr. ROGERS of Kentucky, Mr. OLSON, Mr. COBLE, Mr. GOHMERT, Mr. 

BISHOP of Utah, Mr. JOHNSON of Ohio, Mr. MARCHANT, Mr. NUGENT, 

Mr. TURNER of Ohio, Mr. KINZINGER of Illinois, Mr. CRAWFORD, Mr. 

HARPER, Mr. NEUGEBAUER, Mr. WOMACK, Mr. GRIFFIN of Arkansas, 

Mr. KLINE, Mr. SMITH of Texas, Mr. WITTMAN, Mr. GOODLATTE, Mr. 

ALEXANDER, Mr. SCHILLING, Mr. GUTHRIE, Mr. NUNNELEE, Mr. 

FINCHER, Ms. FOXX, Mr. BOUSTANY, Mr. LUCAS, Mr. FARENTHOLD, 

Mrs. HARTZLER, Mr. COSTELLO, Mr. AUSTRIA, Ms. WILSON of Florida, 

Mr. DESJARLAIS, Mr. BOSWELL, Mr. CLEAVER, Mr. FLEISCHMANN, Mr. 

DAVIS of Kentucky, Ms. CASTOR of Florida, Mr. JOHNSON of Illinois, Mr. 

AUSTIN SCOTT of Georgia, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 


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CONAWAY, Mrs. MCMORRIS RODGERS, Mr. ROGERS of Alabama, Mr. 

DIAZ-BALART, Mr. HINOJOSA, Mr. TERRY, Mr. MCHENRY, Mr. GRIMM, 

Mrs. BLACK, Mr. KINGSTON, Mr. ACKERMAN, Mr. GINGREY of Georgia, 

Mr. HURT, Mr. ROYCE, Mr. DUFFY, Mr. JORDAN, Mr. LATHAM, Mr. 

WILSON of South Carolina, Mrs. SCHMIDT, Mr. FORBES, Ms. HANABUSA, 

Mr. CALVERT, Mr. REYES, Mr. BARTLETT, Mrs. NOEM, Mr. YOUNG of 

Alaska, Mr. GIBBS, Mrs. CHRISTENSEN, Mr. KELLY, Mr. BOREN, Mr. 

SMITH of Nebraska, Mr. RIGELL, and Mr. BUTTERFIELD

JUNE 29, 2012 

Deleted sponsor: Mr. CARNAHAN (added May 23, 2011; deleted April 27, 

2012) 

JUNE 29, 2012 

Reported with an amendment; committed to the Committee of the Whole 

House on the State of the Union and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 15, 2011] 

A BILL 

To amend the Consumer Credit Protection Act to assure 

meaningful disclosures of the terms of rental-purchase 

agreements, including disclosures of all costs to consumers under such agreements, to provide certain substantive rights to consumers under such agreements, and 

for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consumer Rental Pur5 chase Agreement Act’’. 

6 SEC. 2. FINDINGS AND DECLARATION OF PURPOSE. 

7 (a) FINDINGS.—The Congress finds as follows: 

8 (1) The rental-purchase industry provides a serv9 ice that meets and satisfies the demands of many con10 sumers. 

11 (2) Each year, approximately 2,300,000 United 

12 States households enter into rental-purchase trans13 actions and over a 5-year period approximately 

14 4,900,000 United States households will do so. 

15 (3) Competition among the various firms en16 gaged in the extension of rental-purchase transactions 

17 would be strengthened by informed use of rental-pur18 chase transactions. 

19 (4) The informed use of rental-purchase trans20 actions results from an awareness of the cost thereof 

21 by consumers. 

22 (b) PURPOSE.—The purpose of this title is to assure 

23 the availability of rental-purchase transactions and to as24 sure simple, meaningful, and consistent disclosure of rental25 purchase terms so that consumers will be able to more readVerDate Mar 15 2010 00:21 Jun 30, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1588.RH H1588

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1 ily compare the available rental-purchase terms and avoid 

2 uninformed use of rental-purchase transactions, and to pro3 tect consumers against unfair rental-purchase practices. 

4 SEC. 3. RENTAL-PURCHASE TRANSACTIONS COVERED 

5 UNDER THE CONSUMER CREDIT PROTECTION 

6 ACT. 

7 The Consumer Credit Protection Act is amended by 

8 adding at the end the following new title: 

9 ‘‘TITLE X—RENTAL-PURCHASE 

10 TRANSACTIONS 

‘‘Sec. 1001. Definitions. 

‘‘Sec. 1002. Exempted transactions. 

‘‘Sec. 1003. General disclosure requirements. 

‘‘Sec. 1004. Rental-purchase disclosures. 

‘‘Sec. 1005. Other agreement provisions. 

‘‘Sec. 1006. Right to acquire ownership. 

‘‘Sec. 1007. Prohibited provisions. 

‘‘Sec. 1008. Statement of accounts. 

‘‘Sec. 1009. Renegotiations and extensions. 

‘‘Sec. 1010. Point-of-rental disclosures. 

‘‘Sec. 1011. Rental-purchase advertising. 

‘‘Sec. 1012. Civil liability. 

‘‘Sec. 1013. Additional grounds for civil liability. 

‘‘Sec. 1014. Liability of assignees. 

‘‘Sec. 1015. Regulations. 

‘‘Sec. 1016. Enforcement. 

‘‘Sec. 1017. Criminal liability for willful and knowing violation. 

‘‘Sec. 1018. Relation to other laws. 

‘‘Sec. 1019. Effect on Government agencies. 

‘‘Sec. 1020. Compliance date. 

11 ‘‘SEC. 1001. DEFINITIONS. 

12 ‘‘For purposes of this title, the following definitions 

13 shall apply: 

14 ‘‘(1) ADVERTISEMENT.—The term ‘advertise15 ment’ means a commercial message in any medium 

16 that promotes, directly or indirectly, a rental-purVerDate Mar 15 2010 00:21 Jun 30, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1588.RH H1588

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1 chase agreement but does not include price tags, win2 dow signs, or other in-store merchandising aids. 

3 ‘‘(2) AGRICULTURAL PURPOSE.—The term ‘agri4 cultural purpose’ includes— 

5 ‘‘(A) the production, harvest, exhibition, 

6 marketing, transformation, processing, or manu7 facture of agricultural products by a natural 

8 person who cultivates plants or propagates or 

9 nurtures agricultural products; and 

10 ‘‘(B) the acquisition of farmlands, real 

11 property with a farm residence, or personal 

12 property and services used primarily in farm13 ing. 

14 ‘‘(3) BOARD.—The term ‘Board’ means the 

15 Board of Governors of the Federal Reserve System. 

16 ‘‘(4) CASH PRICE.—The term ‘cash price’ means 

17 the price at which a merchant, in the ordinary course 

18 of business, offers to sell for cash the property that is 

19 the subject of the rental-purchase transaction. 

20 ‘‘(5) CONSUMER.—The term ‘consumer’ means a 

21 natural person who is offered or enters into a rental22 purchase agreement. 

23 ‘‘(6) DATE OF CONSUMMATION.—The term ‘date 

24 of consummation’ means the date on which a conVerDate Mar 15 2010 00:21 Jun 30, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1588.RH H1588

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1 sumer becomes contractually obligated under a rental2 purchase agreement. 

3 ‘‘(7) INITIAL PAYMENT.—The term ‘initial pay4 ment’ means the amount to be paid before or at the 

5 consummation of the agreement or the delivery of the 

6 property if delivery occurs after consummation, in7 cluding the rental payment; service, processing, or ad8 ministrative charges; delivery fee; refundable security 

9 deposit; taxes; mandatory fees or charges; and any op10 tional fees or charges agreed to by the consumer. 

11 ‘‘(8) MERCHANT.—The term ‘merchant’ means a 

12 person who provides the use of property through a 

13 rental-purchase agreement in the ordinary course of 

14 business and to whom a consumer’s initial payment 

15 under the agreement is payable. 

16 ‘‘(9) PAYMENT SCHEDULE.—The term ‘payment 

17 schedule’ means the amount and timing of the peri18 odic payments and the total number of all periodic 

19 payments that the consumer will make if the con20 sumer acquires ownership of the property by making 

21 all periodic payments. 

22 ‘‘(10) PERIODIC PAYMENT.—The term ‘periodic 

23 payment’ means the total payment a consumer will 

24 make for a specific rental period after the initial pay25 ment, including the rental payment, taxes, mandaVerDate Mar 15 2010 00:21 Jun 30, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1588.RH H1588

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1 tory fees or charges, and any optional fees or charges 

2 agreed to by the consumer. 

3 ‘‘(11) PROPERTY.—The term ‘property’ means 

4 property that is not real property under the laws of 

5 the State where the property is located when it is 

6 made available under a rental-purchase agreement. 

7 ‘‘(12) RENTAL PAYMENT.—The term ‘rental pay8 ment’ means rent required to be paid by a consumer 

9 for the possession and use of property for a specific 

10 rental period, but does not include taxes or any fees 

11 or charges. 

12 ‘‘(13) RENTAL PERIOD.—The term ‘rental pe13 riod’ means a week, month, or other specific period of 

14 time, during which the consumer has a right to pos15 sess and use property that is the subject of a rental16 purchase agreement after paying the rental payment 

17 and any applicable taxes for such period. 

18 ‘‘(14) RENTAL-PURCHASE AGREEMENT.— 

19 ‘‘(A) IN GENERAL.—The term ‘rental-pur20 chase agreement’ means a contract in the form of 

21 a bailment or lease for the use of property by a 

22 consumer for an initial period of 4 months or 

23 less, that is renewable with each payment by the 

24 consumer, and that permits but does not obligate 


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1 the consumer to become the owner of the prop2 erty. 

3 ‘‘(B) EXCLUSIONS.—The term ‘rental-pur4 chase agreement’ shall not be construed to be, nor 

5 governed by laws regulating any of the following: 

6 ‘‘(i) A credit sale (as defined in section 

7 103(g) of the Truth in Lending Act). 

8 ‘‘(ii) A consumer lease (as defined in 

9 section 181(1) of such Act). 

10 ‘‘(iii) An extension of credit or a 

11 transaction giving rise to a debt incurred in 

12 connection with the purchase of a thing of 

13 value. 

14 ‘‘(15) RENTAL-PURCHASE COST.— 

15 ‘‘(A) IN GENERAL.—For purposes of sections 

16 1010 and 1011, the term ‘rental-purchase cost’ 

17 means the sum of all rental payments and man18 datory fees or charges imposed by the merchant 

19 as a condition of entering into a rental-purchase 

20 agreement or acquiring ownership of property 

21 under a rental-purchase agreement, such as the 

22 following: 

23 ‘‘(i) Service, processing, or administra24 tive charge. 


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1 ‘‘(ii) Fee for an investigation or credit 

2 report. 

3 ‘‘(iii) Charge for delivery required by 

4 the merchant. 

5 ‘‘(B) EXCLUDED ITEMS.—The following fees 

6 or charges shall not be taken into account in de7 termining the rental-purchase cost with respect 

8 to a rental-purchase transaction: 

9 ‘‘(i) Fees and charges prescribed by 

10 law, which actually are or will be paid to 

11 public officials or government entities, such 

12 as sales tax. 

13 ‘‘(ii) Fees and charges for optional 

14 products and services offered in connection 

15 with a rental-purchase agreement. 

16 ‘‘(16) STATE.—The term ‘State’ means any 

17 State of the United States, the District of Columbia, 

18 any territory of the United States, Puerto Rico, 

19 Guam, American Samoa, the Trust Territory of the 

20 Pacific Islands, the Virgin Islands, and the Northern 

21 Mariana Islands. 

22 ‘‘(17) TOTAL COST.—The term ‘total cost’ means 

23 the sum of the initial payment and all periodic pay24 ments in the payment schedule to be paid by the conVerDate Mar 15 2010 00:21 Jun 30, 2012 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H1588.RH H1588

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1 sumer to acquire ownership of the property that is the 

2 subject of the rental-purchase agreement. 

3 ‘‘SEC. 1002. EXEMPTED TRANSACTIONS. 

4 ‘‘This title shall not apply to rental-purchase agree5 ments primarily for business, commercial, or agricultural 

6 purposes, or those made with Government agencies or in7 strumentalities. 

8 ‘‘SEC. 1003. GENERAL DISCLOSURE REQUIREMENTS. 

9 ‘‘(a) RECIPIENT OF DISCLOSURE.—A merchant shall 

10 disclose to any person who will be a signatory to a rental11 purchase agreement the information required by sections 

12 1004 and 1005. 

13 ‘‘(b) TIMING OF DISCLOSURE.—The disclosures re14 quired under sections 1004 and 1005 shall be made before 

15 the consummation of the rental-purchase agreement and 

16 clearly and conspicuously in writing as part of the rental17 purchase agreement to be signed by the consumer. 

18 ‘‘(c) CLEARLY AND CONSPICUOUSLY.—As used in this 

19 section, the term ‘clearly and conspicuously’ means that in20 formation required to be disclosed to the consumer shall be 

21 worded plainly and simply, and appear in a type size, 

22 prominence, and location as to be readily noticeable, read23 able, and comprehensible to an ordinary consumer. 


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1 ‘‘SEC. 1004. RENTAL-PURCHASE DISCLOSURES. 

2 ‘‘(a) IN GENERAL.—For each rental-purchase agree3 ment, the merchant shall clearly and conspicuously disclose 

4 to the consumer the following, to the extent applicable: 

5 ‘‘(1) The date of the consummation of the rental6 purchase transaction and the identities of the mer7 chant and the consumer. 

8 ‘‘(2) A brief description of the rental property, 

9 which shall be sufficient to identify the property to 

10 the consumer, including an identification or serial 

11 number, if applicable, and a statement indicating 

12 whether the property is new or used. 

13 ‘‘(3) A description of any fee, charge or penalty, 

14 in addition to the periodic payment, that the con15 sumer may be required to pay under the agreement, 

16 which shall be separately identified by type and 

17 amount. 

18 ‘‘(4) A statement that the transaction is a rental19 purchase agreement and that the consumer will not 

20 obtain ownership of the property until the consumer 

21 has paid the total dollar amount necessary to acquire 

22 ownership. 

23 ‘‘(5) The amount of any initial payment. 

24 ‘‘(6) The amount of the cash price of the prop25 erty that is the subject of the rental-purchase agree26 ment, and, if the agreement involves the rental of 2 


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1 or more items as a set (as may be defined by the 

2 Board in regulation) a statement of the aggregate 

3 cash price of all items shall satisfy this requirement. 

4 ‘‘(7) The payment schedule. 

5 ‘‘(8) The total cost, using that term, and a brief 

6 description, such as ‘This is the amount you will pay 

7 the merchant if you make all periodic payments to 

8 acquire ownership of the property.’. 

9 ‘‘(9) A statement of the consumer’s right to ter10 minate the agreement without paying any fee or 

11 charge not previously due under the agreement by vol12 untarily surrendering or returning the property in 

13 good repair upon expiration of any rental period. 

14 ‘‘(10) Substantially the following statement: 

15 ‘OTHER IMPORTANT TERMS: See your rental-pur16 chase agreement for additional important information 

17 on early termination procedures, purchase option 

18 rights, responsibilities for loss, damage or destruction 

19 of the property, warranties, maintenance responsibil20 ities, and other charges or penalties you may incur.’. 

21 ‘‘(b) FORM OF DISCLOSURE.—The disclosures required 

22 by paragraphs (4) through (10) of subsection (a) shall be 

23 segregated from other information at the beginning of the 

24 rental-purchase agreement and shall contain only directly 

25 related information, and shall be identified in boldface, 


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1 upper-case letters as follows: ‘IMPORTANT RENTAL–PUR2 CHASE DISCLOSURES’. 

3 ‘‘(c) DISCLOSURE REQUIREMENTS RELATING TO IN4 SURANCE PREMIUMS AND LIABILITY WAIVERS.— 

5 ‘‘(1) IN GENERAL.—A merchant shall clearly and 

6 conspicuously disclose in writing to the consumer be7 fore the consummation of a rental-purchase agreement 

8 that the purchase of leased property insurance or li9 ability waiver coverage is not required as a condition 

10 for entering into the rental-purchase agreement. 

11 ‘‘(2) AFFIRMATIVE WRITTEN REQUEST AFTER

12 COST DISCLOSURE.—A merchant may provide insur13 ance or liability waiver coverage, directly or indi14 rectly, in connection with a rental-purchase trans15 action only if— 

16 ‘‘(A) the merchant clearly and conspicu17 ously discloses to the consumer the cost of such 

18 coverage before the consummation of the rental19 purchase agreement; and 

20 ‘‘(B) the consumer signs an affirmative 

21 written request for such coverage after receiving 

22 the disclosures required under subparagraph (A) 

23 of this paragraph and paragraph (1). 

24 ‘‘(d) ACCURACY OF DISCLOSURE.— 


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1 ‘‘(1) IN GENERAL.—The disclosures required to 

2 be made under subsection (a) shall be accurate as of 

3 the date the disclosures are made, based on the infor4 mation available to the merchant. 

5 ‘‘(2) INFORMATION SUBSEQUENTLY RENDERED

6 INACCURATE.—If information required to be disclosed 

7 under subsection (a) is subsequently rendered inac8 curate as a result of any agreement between the mer9 chant and the consumer subsequent to the delivery of 

10 the required disclosures, the resulting inaccuracy shall 

11 not constitute a violation of this title. 

12 ‘‘SEC. 1005. OTHER AGREEMENT PROVISIONS. 

13 ‘‘(a) IN GENERAL.—Each rental-purchase agreement 

14 shall— 

15 ‘‘(1) provide a statement specifying whether the 

16 merchant or the consumer is responsible for loss, theft, 

17 damage, or destruction of the property; 

18 ‘‘(2) provide a statement specifying whether the 

19 merchant or the consumer is responsible for main20 taining or servicing the property, together with a 

21 brief description of the responsibility; 

22 ‘‘(3) contain a provision for reinstatement of the 

23 agreement, which at a minimum— 

24 ‘‘(A) permits a consumer who fails to make 

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1 ment, without losing any rights or options which 

2 exist under the agreement, by the payment of all 

3 past due rental payments and any other charges 

4 then due under the agreement and a payment for 

5 the next rental period within 7 business days 

6 after failing to make a timely rental payment if 

7 the consumer pays monthly, or within 3 business 

8 days after failing to make a timely rental pay9 ment if the consumer pays more frequently than 

10 monthly; 

11 ‘‘(B) if the consumer returns or voluntarily 

12 surrenders the property covered by the agree13 ment, other than through judicial process, during 

14 the applicable reinstatement period set forth in 

15 subparagraph (A), permits the consumer to rein16 state the agreement during a period of at least 

17 60 days after the date of the return or surrender 

18 of the property by the payment of all amounts 

19 previously due under the agreement, any appli20 cable fees, and a payment for the next rental pe21 riod; 

22 ‘‘(C) if the consumer has paid 50 percent or 

23 more of the total cost necessary to acquire owner24 ship and returns or voluntarily surrenders the 

25 property, other than through judicial process, 


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1 during the applicable reinstatement period set 

2 forth in subparagraph (A), permits the consumer 

3 to reinstate the agreement during a period of at 

4 least 120 days after the date of the return of the 

5 property by the payment of all amounts pre6 viously due under the agreement, any applicable 

7 fees, and a payment for the next rental period; 

8 and 

9 ‘‘(D) permits the consumer, upon reinstate10 ment of the agreement to receive the same prop11 erty, if available, that was the subject of the rent12 al-purchase agreement, or if the same property is 

13 not available, a substitute item of comparable 

14 quality and condition may be provided to the 

15 consumer; except that, the Board may, by regula16 tion or order, exempt any independent small 

17 business (as defined by the Board by regulation) 

18 from the requirement of providing the same or 

19 comparable product during the extended rein20 statement period provided in subparagraph (C), 

21 if the Board determines, taking into account 

22 such standards as the Board determines to be ap23 propriate, that the reinstatement right provided 

24 in such subparagraph would provide excessive 

25 hardship for such independent small business; 


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1 ‘‘(4) provide a statement specifying the terms 

2 under which the consumer shall acquire ownership of 

3 the property that is the subject of the rental-purchase 

4 agreement either by payment of the total cost to ac5 quire ownership, as provided in section 1006, or by 

6 exercise of any early purchase option provided in the 

7 rental-purchase agreement; 

8 ‘‘(5) provide a statement disclosing that if any 

9 part of a manufacturer’s express warranty covers the 

10 property at the time the consumer acquires ownership 

11 of the property, the warranty will be transferred to 

12 the consumer if allowed by the terms of the warranty; 

13 and 

14 ‘‘(6) provide, to the extent applicable, a descrip15 tion of any grace period for making any periodic 

16 payment, the amount of any security deposit, if any, 

17 to be paid by the consumer upon initiation of the 

18 rental-purchase agreement, and the terms for refund 

19 of such security deposit to the consumer upon return, 

20 surrender or purchase of the property. 

21 ‘‘(b) REPOSSESSION DURING REINSTATEMENT PE22 RIOD.—Subsection (a)(3) shall not be construed so as to 

23 prevent a merchant from attempting to repossess property 

24 during the reinstatement period pursuant to subsection 


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1 (a)(3)(A), but such a repossession does not affect the con2 sumer’s right to reinstate. 

3 ‘‘SEC. 1006. RIGHT TO ACQUIRE OWNERSHIP. 

4 ‘‘(a) IN GENERAL.—The consumer shall acquire own5 ership of the property that is the subject of the rental-pur6 chase agreement, and the rental-purchase agreement shall 

7 terminate, upon compliance by the consumer with the re8 quirements of subsection (b) or any early payment option 

9 provided in the rental purchase agreement, and upon pay10 ment of any past due payments and fees, as permitted in 

11 regulation by the Board. 

12 ‘‘(b) PAYMENT OF TOTAL COST.—The consumer shall 

13 acquire ownership of the rental property upon payment of 

14 the total cost of the rental-purchase agreement, as such term 

15 is defined in section 1001(17), and as disclosed to the con16 sumer in the rental-purchase agreement pursuant to section 

17 1004(a). 

18 ‘‘(c) ADDITIONAL FEES PROHIBITED.—A merchant 

19 shall not require the consumer to pay, as a condition for 

20 acquiring ownership of the property that is the subject of 

21 the rental-purchase agreement, any fee or charge in addi22 tion to, or in excess of, the regular periodic payments re23 quired by subsection (b), or any early purchase option 

24 amount provided in the rental-purchase agreement, as ap25 plicable. A requirement that the consumer pay an unpaid 


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1 late charge or other fee that is past due shall not constitute 

2 an additional fee or charge for purposes of this subsection. 

3 ‘‘(d) TRANSFER OF OWNERSHIP RIGHTS.—Upon pay4 ment by the consumer of all payments necessary to acquire 

5 ownership under subsection (b) or any early purchase op6 tion amount provided in the rental-purchase agreement, as 

7 appropriate, the merchant shall— 

8 ‘‘(1) deliver to the consumer, or mail to the con9 sumer’s last known address, such documents or other 

10 instruments, which the Board has determined by reg11 ulation, are necessary to acknowledge full ownership 

12 by the consumer of the property acquired pursuant to 

13 the rental-purchase agreement; and 

14 ‘‘(2) transfer to the consumer the unexpired por15 tion of any warranties provided by the manufacturer, 

16 distributor, or seller of the property, which shall 

17 apply as if the consumer were the original purchaser 

18 of the property, except where such transfer is prohib19 ited by the terms of the warranty. 

20 ‘‘SEC. 1007. PROHIBITED PROVISIONS. 

21 ‘‘A rental-purchase agreement may not contain— 

22 ‘‘(1) a confession of judgment; 

23 ‘‘(2) a negotiable instrument; 

24 ‘‘(3) a security interest or any other claim of a 

25 property interest in any goods, except those goods the 


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1 use of which is provided by the merchant pursuant to 

2 the agreement; 

3 ‘‘(4) a wage assignment; 

4 ‘‘(5) a provision requiring the waiver of any 

5 legal claim or remedy created by this title or other 

6 provision of Federal or State law; 

7 ‘‘(6) a provision requiring the consumer, in the 

8 event the property subject to the rental-purchase 

9 agreement is lost, stolen, damaged, or destroyed, to 

10 pay an amount in excess of the least of— 

11 ‘‘(A) the fair market value of the property, 

12 as determined by the Board in regulation; 

13 ‘‘(B) any early purchase option amount 

14 provided in the rental-purchase agreement; or 

15 ‘‘(C) the actual cost of repair, as appro16 priate; 

17 ‘‘(7) a provision authorizing the merchant, or a 

18 person acting on behalf of the merchant, to enter the 

19 consumer’s dwelling or other premises without obtain20 ing the consumer’s consent or to commit any breach 

21 of the peace in connection with the repossession of the 

22 rental property or the collection of any obligation or 

23 alleged obligation of the consumer arising out of the 

24 rental-purchase agreement; 


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1 ‘‘(8) a provision requiring the purchase of insur2 ance or liability damage waiver to cover the property 

3 that is the subject of the rental-purchase agreement, 

4 except as permitted by the Board in regulation; or 

5 ‘‘(9) a provision requiring the consumer to pay 

6 more than 1 late fee or charge for an unpaid or delin7 quent periodic payment, regardless of the period in 

8 which the payment remains unpaid or delinquent, or 

9 to pay a late fee or charge for any periodic payment 

10 because a previously assessed late fee has not been 

11 paid in full. 

12 ‘‘SEC. 1008. STATEMENT OF ACCOUNTS. 

13 ‘‘Upon request of a consumer, a merchant shall provide 

14 a statement of the consumer’s account. If a consumer re15 quests a statement for an individual account more than 4 

16 times in any 12-month period, the merchant may charge 

17 a reasonable fee for the additional statements. 

18 ‘‘SEC. 1009. RENEGOTIATIONS AND EXTENSIONS. 

19 ‘‘(a) RENEGOTIATIONS.—A renegotiation occurs when 

20 a rental-purchase agreement is satisfied and replaced by a 

21 new agreement undertaken by the same consumer. A renego22 tiation requires new disclosures, except as provided in sub23 section (c). 

24 ‘‘(b) EXTENSIONS.—An extension is an agreement by 

25 the consumer and the merchant, to continue an existing 


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1 rental-purchase agreement beyond the original end of the 

2 payment schedule, but does not include a continuation that 

3 is the result of a renegotiation. 

4 ‘‘(c) EXCEPTIONS.—New disclosures are not required 

5 for the following, even if they meet the definition of a re6 negotiation or an extension: 

7 ‘‘(1) A reduction in payments. 

8 ‘‘(2) A deferment of 1 or more payments. 

9 ‘‘(3) The extension of a rental-purchase agree10 ment. 

11 ‘‘(4) The substitution of property with property 

12 that has a substantially equivalent or greater eco13 nomic value provided the rental-purchase cost does 

14 not increase. 

15 ‘‘(5) The deletion of property in a multiple-item 

16 agreement. 

17 ‘‘(6) A change in rental period provided the rent18 al-purchase cost does not increase. 

19 ‘‘(7) An agreement resulting from a court pro20 ceeding. 

21 ‘‘(8) Any other event described in regulations 

22 prescribed by the Board. 

23 ‘‘SEC. 1010. POINT-OF-RENTAL DISCLOSURES. 

24 ‘‘(a) IN GENERAL.—For any item of property or set 

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1 chant shall display on or next to the item or set of items 

2 a card, tag, or label that clearly and conspicuously discloses 

3 the following: 

4 ‘‘(1) A brief description of the property. 

5 ‘‘(2) Whether the property is new or used. 

6 ‘‘(3) The cash price of the property. 

7 ‘‘(4) The amount of each rental payment. 

8 ‘‘(5) The total number of rental payments nec9 essary to acquire ownership of the property. 

10 ‘‘(6) The rental-purchase cost. 

11 ‘‘(b) FORM OF DISCLOSURE.— 

12 ‘‘(1) IN GENERAL.—A merchant may make the 

13 disclosure required by subsection (a) in the form of a 

14 list, catalog, or electronic facsimile of the card, tag, 

15 or label which is readily available to the consumer at 

16 the point of rental if the merchandise is not displayed 

17 in the merchant’s showroom or if displaying a card, 

18 tag, or label would be impractical due to the size of 

19 the merchandise. 

20 ‘‘(2) CLEARLY AND CONSPICUOUSLY.—As used in 

21 this section, the term ‘clearly and conspicuously’ 

22 means that information required to be disclosed to the 

23 consumer shall appear in a type size, prominence, 

24 and location as to be noticeable, readable, and com25 prehensible to an ordinary consumer. 


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1 ‘‘SEC. 1011. RENTAL-PURCHASE ADVERTISING. 

2 ‘‘(a) IN GENERAL.—If an advertisement for a rental3 purchase transaction refers to or states the amount of any 

4 payment for any specific item or set of items, the merchant 

5 making the advertisement shall also clearly and conspicu6 ously state in the advertisement the following for the item, 

7 or set of items, advertised: 

8 ‘‘(1) The transaction advertised is a rental-pur9 chase agreement. 

10 ‘‘(2) The amount, timing, and total number of 

11 rental payments necessary to acquire ownership 

12 under the rental-purchase agreement. 

13 ‘‘(3) The amount of the rental-purchase cost. 

14 ‘‘(4) To acquire ownership of the property the 

15 consumer must pay the rental-purchase cost plus ap16 plicable taxes. 

17 ‘‘(5) Whether the stated payment amount and 

18 advertised rental-purchase cost is for new or used 

19 property. 

20 ‘‘(b) PROHIBITION.—An advertisement for a rental21 purchase agreement shall not state or imply that a specific 

22 item, or set of items, is available at specific amounts or 

23 terms unless the merchant usually and customarily offers, 

24 or will offer, the item or set of items at the stated amounts 

25 or terms. 

26 ‘‘(c) CLEARLY AND CONSPICUOUSLY.— 


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1 ‘‘(1) IN GENERAL.—For purposes of this section, 

2 the term ‘clearly and conspicuously’ means that re3 quired disclosures shall be presented in a type, size, 

4 shade, contrast, prominence, location, and manner, as 

5 applicable to different mediums for advertising, so as 

6 to be readily noticeable and comprehensible to the or7 dinary consumer. 

8 ‘‘(2) REGULATORY GUIDANCE.—The Board shall 

9 prescribe regulations on principles and factors to 

10 meet the clear and conspicuous standard as appro11 priate to print, video, audio, and computerized adver12 tising, reflecting the principles and factors typically 

13 applied in each medium by the Federal Trade Com14 mission. 

15 ‘‘(3) LIMITATION.—Nothing contrary to, incon16 sistent with, or in mitigation of, the required disclo17 sures shall be used in any advertisement in any me18 dium, and no audio, video, or print technique shall 

19 be used that is likely to obscure or detract signifi20 cantly from the communication of the disclosures. 

21 ‘‘SEC. 1012. CIVIL LIABILITY. 

22 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

23 section 1013, any merchant who fails to comply with any 

24 requirement of this title with respect to any consumer is 

25 liable to such consumer as provided for leases in section 


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1 130. For purposes of this section, the term ‘creditor’ as used 

2 in section 130 shall include a ‘merchant’, as defined in sec3 tion 1001, and for purposes of this title, the term ‘total 

4 amount of monthly payments under the lease’ as used in 

5 section 130 shall mean the sum of all fees, periodic pay6 ments, initial payment, and any other charges paid by the 

7 consumer since the date of consummation. 

8 ‘‘(b) JURISDICTION OF COURTS; LIMITATION ON AC9 TIONS.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding section 

11 130(e), any action under this section may be brought 

12 in any United States district court, or in any other 

13 court of competent jurisdiction, before the end of the 

14 1-year period beginning on the date the last payment 

15 was made by the consumer under the rental-purchase 

16 agreement. 

17 ‘‘(2) RECOUPMENT OR SET-OFF.—This subsection 

18 shall not bar a consumer from asserting a violation 

19 of this title in an action to collect an obligation aris20 ing from a rental-purchase agreement, which was 

21 brought after the end of the 1-year period described in 

22 paragraph (1) as a matter of defense by recoupment 

23 or set-off in such action, except as otherwise provided 

24 by State law. 


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1 ‘‘SEC. 1013. ADDITIONAL GROUNDS FOR CIVIL LIABILITY. 

2 ‘‘(a) INDIVIDUAL CASES WITH ACTUAL DAMAGES.— 

3 Any merchant who fails to comply with any requirements 

4 imposed under section 1010 or 1011 with respect to any 

5 consumer who suffers actual damage from the violation 

6 shall be liable to such consumer as provided in section 130. 

7 ‘‘(b) PATTERN OR PRACTICE OF VIOLATIONS.—If a 

8 merchant engages in a pattern or practice of violating any 

9 requirement imposed under section 1010 or 1011, the Fed10 eral Trade Commission or an appropriate State attorney 

11 general, in accordance with section 1016, may initiate an 

12 action to enforce sanctions against the merchant, includ13 ing— 

14 ‘‘(1) an order to cease and desist from such prac15 tices; and 

16 ‘‘(2) a civil money penalty of such amount as the 

17 court may impose, based on such factors as the court 

18 may determine to be appropriate. 

19 ‘‘SEC. 1014. LIABILITY OF ASSIGNEES. 

20 ‘‘(a) ASSIGNEES INCLUDED.—For purposes of section 

21 1013, and this section, the term ‘merchant’ includes an as22 signee of a merchant. 

23 ‘‘(b) LIABILITIES OF ASSIGNEES.— 

24 ‘‘(1) APPARENT VIOLATION.—An action under 

25 section 1012 or 1013 for a violation of this title may 

26 be brought against an assignee only if the violation 


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1 is apparent on the face of the rental-purchase agree2 ment to which it relates. 

3 ‘‘(2) APPARENT VIOLATION DEFINED.—For pur4 poses of this subsection, a violation that is apparent 

5 on the face of a rental-purchase agreement includes, 

6 but is not limited to, a disclosure that can be deter7 mined to be incomplete or inaccurate from the face of 

8 the agreement. 

9 ‘‘(3) INVOLUNTARY ASSIGNMENT.—An assignee 

10 has no liability in a case in which the assignment is 

11 involuntary. 

12 ‘‘(4) RULE OF CONSTRUCTION.—No provision of 

13 this section shall be construed as limiting or altering 

14 the liability under section 1012 or 1013 of a mer15 chant assigning a rental-purchase agreement. 

16 ‘‘(c) PROOF OF DISCLOSURE.—In an action by or 

17 against an assignee, the consumer’s written acknowledg18 ment of receipt of a disclosure, made as part of the rental19 purchase agreement, shall be conclusive proof that the dis20 closure was made, if the assignee had no knowledge that 

21 the disclosure had not been made when the assignee acquired 

22 the rental-purchase agreement to which it relates. 

23 ‘‘SEC. 1015. REGULATIONS. 

24 ‘‘(a) IN GENERAL.—The Board shall prescribe regula25 tions as necessary to carry out the purposes of this title. 


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1 Such regulations may contain such additional require2 ments, classifications, differentiations, or other provisions, 

3 and may provide for such adjustments and exceptions for 

4 all or any class of transactions, as in the judgment of the 

5 Board are necessary or proper to effectuate the purposes of 

6 this title, to prevent circumvention or evasion thereof, or 

7 to facilitate compliance therewith. 

8 ‘‘(b) MODEL DISCLOSURE FORMS.—The Board may 

9 publish model disclosure forms and clauses for common 

10 rental-purchase agreements to facilitate compliance with 

11 the disclosure requirements of this title and to aid the con12 sumer in understanding the transaction by utilizing readily 

13 understandable language to simplify the technical nature 

14 of the disclosures. In devising such forms, the Board shall 

15 consider the use by merchants of data processing or similar 

16 automated equipment. Nothing in this title may be con17 strued to require a merchant to use any such model form 

18 or clause prescribed by the Board under this section. A mer19 chant shall be deemed to be in compliance with the require20 ment to provide disclosure under section 1003(a) if the mer21 chant— 

22 ‘‘(1) uses any appropriate model form or clause 

23 as published by the Board; or 

24 ‘‘(2) uses any such model form or clause and 

25 changes it by— 


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1 ‘‘(A) deleting any information which is not 

2 required by this title; or 

3 ‘‘(B) rearranging the format, if in making 

4 such deletion or rearranging the format, the mer5 chant does not affect the substance, clarity, or 

6 meaningful sequence of the disclosure. 

7 ‘‘(c) EFFECTIVE DATE OF REGULATIONS.—Any regu8 lation prescribed by the Board, or any amendment or inter9 pretation thereof, shall not be effective before the October 

10 1 that follows the date of publication of the regulation in 

11 final form by at least 6 months. The Board may at its dis12 cretion lengthen that period of time to permit merchants 

13 to adjust to accommodate new requirements. The Board 

14 may also shorten that period of time, notwithstanding the 

15 first sentence, if it makes a specific finding that such action 

16 is necessary to comply with the findings of a court or to 

17 prevent unfair or deceptive practices. In any case, mer18 chants may comply with any newly prescribed disclosure 

19 requirement prior to its effective date. 

20 ‘‘SEC. 1016. ENFORCEMENT. 

21 ‘‘(a) FEDERAL ENFORCEMENT.—Compliance with the 

22 requirements imposed under this title shall be enforced 

23 under the Federal Trade Commission Act (15 U.S.C. 41 et 

24 seq.), and a violation of any requirements imposed under 

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1 posed under that Act. All of the functions and powers of 

2 the Federal Trade Commission under the Federal Trade 

3 Commission Act are available to the Commission to enforce 

4 compliance by any person with the requirements of this 

5 title, irrespective of whether that person is engaged in com6 merce or meets any other jurisdictional test in the Federal 

7 Trade Commission Act. 

8 ‘‘(b) STATE ENFORCEMENT.— 

9 ‘‘(1) IN GENERAL.—An action to enforce the re10 quirements imposed by this title may also be brought 

11 by the appropriate State attorney general in any ap12 propriate United States district court, or any other 

13 court of competent jurisdiction. 

14 ‘‘(2) PRIOR WRITTEN NOTICE.— 

15 ‘‘(A) IN GENERAL.—The State attorney gen16 eral shall provide prior written notice of any 

17 such civil action to the Federal Trade Commis18 sion and shall provide the Commission with a 

19 copy of the complaint. 

20 ‘‘(B) EMERGENCY ACTION.—If prior notice 

21 is not feasible, the State attorney general shall 

22 provide notice to the Commission immediately 

23 upon instituting the action. 

24 ‘‘(3) FTC INTERVENTION.—The Commission 

25 may— 


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1 ‘‘(A) intervene in the action; 

2 ‘‘(B) upon intervening— 

3 ‘‘(i) remove the action to the appro4 priate United States district court, if it was 

5 not originally brought there; and 

6 ‘‘(ii) be heard on all matters arising in 

7 the action; and 

8 ‘‘(C) file a petition for appeal. 

9 ‘‘SEC. 1017. CRIMINAL LIABILITY FOR WILLFUL AND KNOW10 ING VIOLATION. 

11 ‘‘Whoever willfully and knowingly gives false or inac12 curate information or fails to provide information which 

13 he is required to disclose under the provisions of this title 

14 or any regulation issued thereunder shall be subject to the 

15 penalty provisions as provided in section 112. 

16 ‘‘SEC. 1018. RELATION TO OTHER LAWS. 

17 ‘‘(a) RELATION TO STATE LAW.— 

18 ‘‘(1) NO EFFECT ON CONSISTENT STATE LAWS.— 

19 Except as otherwise provided in subsection (b), this 

20 title does not annul, alter, or affect in any manner 

21 the meaning, scope, or applicability of the laws of 

22 any State relating to rental-purchase agreements, ex23 cept to the extent those laws are inconsistent with any 

24 provision of this title, and then only to the extent of 

25 the inconsistency. 


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1 ‘‘(2) DETERMINATION OF INCONSISTENCY.— 

2 Upon its own motion or upon the request of an inter3 ested party, which is submitted in accordance with 

4 procedures prescribed in regulations of the Board, the 

5 Board shall determine whether any such inconsistency 

6 exists. If the Board determines that a term or provi7 sion of a State law is inconsistent, merchants located 

8 in that State need not follow such term or provision 

9 and shall incur no liability under the law of that 

10 State for failure to follow such term or provision, not11 withstanding that such determination is subsequently 

12 amended, rescinded, or determined by judicial or 

13 other authority to be invalid for any reason. 

14 ‘‘(3) GREATER PROTECTION UNDER STATE

15 LAW.—Except as provided in subsection (b), for pur16 poses of this section, a term or provision of a State 

17 law is not inconsistent with the provisions of this title 

18 if the term or provision affords greater protection and 

19 benefit to the consumer than the protection and ben20 efit provided under this title as determined by the 

21 Board, on its own motion or upon the petition of any 

22 interested party. 

23 ‘‘(b) STATE LAWS RELATING TO CHARACTERIZATION

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1 section (a), this title shall supersede any State law to the 

2 extent that such law— 

3 ‘‘(1) regulates a rental-purchase agreement as a 

4 security interest, credit sale, retail installment sale, 

5 conditional sale or any other form of consumer credit, 

6 or that imputes to a rental-purchase agreement the 

7 creation of a debt or extension of credit; or 

8 ‘‘(2) requires the disclosure of a percentage rate 

9 calculation, including a time-price differential, an 

10 annual percentage rate, or an effective annual per11 centage rate. 

12 ‘‘(c) RELATION TO FEDERAL TRADE COMMISSION

13 ACT.—No provision of this title shall be construed as lim14 iting, superseding, or otherwise affecting the applicability 

15 of the Federal Trade Commission Act to any merchant or 

16 rental-purchase transaction. 

17 ‘‘SEC. 1019. EFFECT ON GOVERNMENT AGENCIES. 

18 ‘‘No civil liability or criminal penalty under this title 

19 may be imposed on the United States or any of its depart20 ments or agencies, any State or political subdivision, or 

21 any agency of a State or political subdivision. 

22 ‘‘SEC. 1020. COMPLIANCE DATE. 

23 ‘‘Compliance with this title shall not be required until 

24 6 months after the date of the enactment of the ‘Consumer 

25 Rental Purchase Agreement Act’. In any case, merchants 


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1 may comply with this title at any time after such date of 

2 enactment.’’. 


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Union Calendar No. 405 

112TH CONGRESS 

2D SESSION H. R. 1588 

[Report No. 112–565] 

A BILL 

To amend the Consumer Credit Protection Act to 

purposes. sumers under such agreements, and for other to provide certain substantive rights to conof all costs to consumers under such agreements, rental-purchase agreements, including disclosures assure meaningful disclosures of the terms of 

JUNE 29, 2012 

Reported with an amendment; committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union 


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